Opinion
NO. 14-20-00277-CV
06-25-2020
WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST A, Appellant v. HUNTERS GLEN MUNICIPAL UTILITY DISTRICT, ALDINE INDEPENDENT SCHOOL DISTRICT, AND DENNIS PAUL BRUYERE, Appellees
On Appeal from the 269th District Court Harris County, Texas
Trial Court Cause No. 2019-04998
ORDER
This is an appeal from a judgment signed January 10, 2020. Appellant timely filed a post judgment moiton. The notice of appeal was due April 9, 2020. See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on April 13, 2020, a date within 15 days of the due date for the notice of appeal. A motion for extension of time is necessarily implied when the perfecting instrument is filed within 15 days of its due date. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant did not file a motion to extend time to file the notice of appeal. While an extension may be implied, appellant is still obligated to come forward with a reasonable explanation to support the late filing. See Miller v. Greenpark Surgery Center Assocs., Ltd., 974 S.W.2d 805, 808 (Tex. App.—Houston [14th Dist.] 1998, no pet.).
Accordingly, we ORDER appellant to file a proper motion to extend time to file the notice of appeal on or before 10 days after the date of this order. See Tex. R. App. P. 26.3;10.5(b). If appellant does not comply with this order, we will dismiss the appeal. See Tex. R. App. P. 42.3.
PER CURIAM Panel Consists of Justices Chief Justice Frost and Justices Zimmerer and Poissant.